The legal and evidential questions
Counterfeit Packaging, Labels and Warranty Documents. The first task is to separate criminal allegations from civil infringement and customs procedures. The statutory starting point shown on this page is Article 196 (Unlawful use of a trade or service mark). Not every infringement is criminal: the protected right, accused use, repetition or substantial damage and each participant's knowledge must be assessed.
Secure genuine comparison samples and registrations, seized packaging and labels, supplier and print orders, quantities, distribution records, testing and uninterrupted chain of custody.
Infringement, border action and crime are not interchangeable
An unauthorised use may support civil or customs action without satisfying a criminal offence. Criminal analysis requires the precise protected right, conduct, scale or damage threshold, knowledge and role of each participant to be proved under the applicable current provision.
Questions to answer first
Separate criminal allegations from civil infringement and customs procedures
Identify the protected right, accused conduct, knowledge, quantity and alleged damage
Preserve authentic comparison material, samples and supply-chain records
Distinguish manufacturer, importer, distributor, retailer, platform and brand-owner roles
Evidence that may matter
- Trademark registrations and authentic comparison samples
- Seized goods, packaging, labels and chain-of-custody records
- Invoices, customs declarations and transport documents
- Supplier, distributor, marketplace and payment records
- Technical, digital, accounting and product-authentication expertise
Criminal Code articles to check
Unlawful use of a trade or service mark
Not every infringement is criminal: the protected right, accused use, repetition or substantial damage and each participant's knowledge must be assessed.
Read full Article 196 text on this pageIllegal transportation or sale of forged goods
Requires proof that the goods were forged, that the accused transported or sold them and that the person knew their character.
Read full Article 197¹ text on this pageMaking, sale or use of a forged official document
The original document, method of alteration, intended use, knowledge and the role of the person who made or used it require separate proof.
Read full Article 362 text on this pageRead the relevant Criminal Code provisions
The panel below reproduces the available official English wording for convenient reading. Check the current Georgian text and the exact article part before relying on it, because later amendments may not yet appear in translation.
Article 196Unlawful use of trade (service) marks or other commercial designations+
1. Illegal manufacturing or use of another person’s trade (service) marks, designations of origin or geographical indications in large quantities, as well as production or introduction into civil circulation of goods illegally marked with another person’s trade (service) marks, designation of origin or geographical indications or with the registered brand name, which has resulted in considerable damage, –
shall be punished by a fine or corrective labour for up to two years or by imprisonment for the same term.
2. False indication of a warning mark along with a non-registered trade (service) mark, designation of origin or geographical indication, –
shall be punished by a fine or community service from 120 to 180 hours and/or by corrective labour for up to one year or by imprisonment for a term of two to three years.
3. The act provided for by paragraph 1 or 2 of this article which has been committed:
a) repeatedly;
b) by a person convicted for this kind of offence;
c) by a group of persons with the preliminary agreement, –
shall be punished by a fine or by imprisonment for a term of three to five years.
Note: The illegal manufacturing of another person’s trade (service) mark, designation of origin or geographical indication of goods is considered to be in large quantities if their total quantity is over 1 000, and an offence shall be deemed to have resulted in considerable damage if the cost of the goods manufactured or introduced into civil circulation and illegally marked with another person’s trade (service) marks, designation of origin, geographical indication or registered brand name exceeds GEL 5 000.
The consolidated official source is listed in the source section at the end of this guide.
Article 197¹Illegal transportation or sale of forged goods+
Illegal transportation or sale knowingly of the forged goods, –
shall be punished by a fine or corrective labour for up to two years, house arrest for a term of six months to two years, or by imprisonment for up to two years.
The consolidated official source is listed in the source section at the end of this guide.
Article 362Making, sale or use of a forged document, seal, stamp or blank forms+
1. Making, purchase, storage for sale or use, sale or use of forged identity cards or other official documents, –
shall be punished by a fine or imprisonment for up to three years.
11. Forging data/information, and own signatures and the signatures of supporters, in relevant forms of the lists of supporters provided for by the Organic Law of Georgia – the Election Code of Georgia, own, as well as the signature of the supporter, –
shall be punished by a fine.
2. The act under paragraph 1 or paragraph 11 of this article:
a) committed repeatedly;
b) that has resulted in substantial damage, –
shall be punished by imprisonment for a term of three to six years.
Note:
1. This article shall not apply to a person who committed the above act before acquiring the status of a victim of human trafficking due to him/her being a victim of human trafficking.
2. For the act specified in this article a legal person shall be punished by a fine, with deprivation of the right to carry out activities, or by liquidation and a fine.
3. For committing an act provided for by this article (except for the act related to the sale of forged official documents, seals, stamps or blank forms), criminal liability shall not be applied to an alien or a stateless person who has entered Georgia directly from the territory where he/she was under a threat provided for by Articles 15(1), 19(1), 38(3), or 22(1) of the Law of Georgia on International Protection, if he/she immediately, at the first opportunity, appeared before a state authority, presented a proper explanation of his/her illegal entry into Georgia, and requested international protection under the said Law, unless his/her act contains elements of another crime.
4. If it is determined by the relevant final decision on international protection that a foreigner or a stateless person is not in need of international protection, the release from criminal liability provided for by paragraph 3 of this Note shall not apply.
The consolidated official source is listed in the source section at the end of this guide.
How the process may develop
Primary sources for this guide
Before acting, compare this guide with the current Georgian text and the exact document served in the case. The official English translation may not include the latest amendment.
Official consolidated Criminal Code — current text & PDF↗︎Law of Georgia on Trademarks↗︎Law on Border Measures Related to Intellectual Property↗︎